The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1887-11-01


was the possession of these things obtained?"
but rather "what do they prove?'
Attorney General Hunt then took up the
case of Prisoners Fielder and Spies, and said
that he understood it would be urged by coun-
sci on the other side that they being foreigners
-Fielden an Englishman and Spies q German
were protected by treaties between the
United States and their respective govern
ments; that they should have immunity be-
cause the treaties approved that citizens of
England and Germany living in the United
States should have all the rights and privileges
guaranteed by law to citizens of the United
States at the time the treaties were ratified.
II understand" he said, "that this will be the
contention"
The Chief Justice-In what respect is it said
that this violates the citizenship of Great Brit
ain?
General Butler They were to have all the
privileges of Americans at the date of the
treaties and among these privileges we contend
was the trial by jury, under the laws then in
force. No laws could be passed to change
their condition under organized law-the high
est law.
Attorney General Hunt replied that if this
were so, then the prisoners, without being cit
liens were privileged persons above the laws
of the state, which they set at defiance.
Mr.. Hunt said that as he had almost finished
his argument when the hour for adjournment
arrived, he would not speak today, but would
give place to his associate, States Attorney
Grinnell
Mr., Grinnell, addressing the court, said that
it had not been his intention to take part III
the oral argument, and that he came here pri-
marily for the purpose of assisting Mr.. Hunt
by means of his familiarity with the record in
this case.
Speaking of the jury as whole, Mr. Grinnell
wish, and am constrained to pay, one tribute to
that Jury II exempliled American citizenship i'll
this country more than any jury that was ever
looked upon. II embraced ali the walks of life
Three ofthem earned their living by manual work.
They came from all parts OF the country anu one OF
them was born of foreign, soil They were not a
"elasS Jury" They were honest citizens Win the
solemn duty devolying upon them of determining
what should be done with those men no luqge
could look in the faces of that jury without saying
"thev are intelligent they represent American cit
zenship; they are iii 10 be trusted with the rights OF
freemcn under oilr constitution" There was not Il
capitalist on that jury. They were oil commonplace
small dealers and intelligent men,
Proceeding TO the question OF 'unreasonaple
search and seizure, in Spiess office, he said it
did not strike him as being any part OF THIS case
He was not here TO offer any apologies lof ms
] own conduct. He then recited, at some length,
| the circumstances of the bomb-throwing in
| Uaymarket, search of the Arbeiter-Zeitung
| Office the prying open of Spies's desk, hnuinS
! of dynamite and letters there; the breaking
omen of Lingg's domicile and finding IN ms
| trunk dynamite bombs precisely like the one
thrown. Mr.. Grinnell, seizure was
nothing which this court could
| regulate Ii hadsaid in the Ker kidnapping case
! that it was not for the court TO determine now
/ he (the prisonerl got there. ne court s'npiS
! said, "You are here" The things seized IN
| search OF these prisoners premises, were
| there" and il was not for the court TO ue-
! tornine whether they were legally there.
| The only question was care those things ties
| timony 30 and that was not an inquiry for
| this court. Forgery, murder, and other crimes
/ had to be proved, Mr.. Grinnell SAID 10y such
"The pistol found in the hand Of the assas;
1 sir Guiteau was forcibly taken from him, and
/ his papers. il l remember rightly, were over
- l. ,.,s r6bodv's business how they got
/ tLere, That the search and seizure in this
case were an unreasonable search and seizure
/ from lie point of view OF defendants, l have
no doubt
ftsirkcs me- from oar standpoint, that the foun'